COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Saqallah, 2015 ONCA 196

DATE: 20150324

DOCKET: C57031

Watt, Lauwers and Hourigan JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Asad Saqallah

Appellant

Robert Sheppard, for the appellant

Hannah Freeman, for the respondent

Heard and released orally: March 9, 2015

On appeal from the convictions entered on January 11, 2013 by Justice Eleanor M. Schnall of the Ontario Court of Justice, sitting without a jury.

ENDORSEMENT

[1] The appellant appeals his convictions of using an imitation firearm in the commission of an indictable offence and breach of a recognizance after a trial before a judge sitting alone. He submits:

(i) that the trial judge erred in her assessment of the credibility of the principal Crown witness and the reliability of her evidence; and

(ii) that the conviction of using an imitation firearm in the commission of an indictable offence is unreasonable.

[2] We are not persuaded that the reasons reflect the errors alleged.

[3] In our view the appellant has failed to demonstrate any palpable and overriding error in the trial judge’s assessment of the credibility of the principal Crown witness and the reliability of her testimony. The trial judge was alive to the frailties of this witness’ evidence and took them into account in reaching her conclusion.

[4] There was evidence on the basis of which the trial judge could find that the thing the appellant produced from the waistband of his pants and with which he threatened the principal Crown witness was an imitation firearm. The witness described it as a gun, possibly a gun of .22 calibre. She provided a description of its colouration and of its shape. The appellant’s production and use of the thing that the witness described as a gun was consistent with that thing as an imitation firearm.

[5] The appeal is dismissed.

“David Watt J.A.”

“P. Lauwers J.A.”

“C.W. Hourigan J.A.”